Alimony in South Carolina

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to the other. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continual source of income to a non-wage-earning or lower-wage-earning spouse. In South Carolina, marital misconduct is not necessarily a complete bar to an alimony award.

 

To be eligible for alimony, spouses in all states, including South Carolina, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. Lawyers.com offers a comprehensive explanation of South Carolina divorce and alimony law.

 

In South Carolina, there are four types of alimony that courts may award: periodic, lump-sum, rehabilitative, and reimbursement. Periodic alimony is paid regularly for an indefinite period of time, or until the payee petitions the court to modify or discontinue the payments.

 

Lump sum alimony is calculated by the court and is usually made in one payment or a series of installments.

 

Rehabilitative is the most commonly awarded alimony, and may include payments for the education necessary for the recipient spouse to become self-sufficient.

 

Reimbursement alimony may be paid to reimburse the supported spouse from the future earnings of the payer spouse, based on circumstances or events that occurred during the marriage.

 

In South Carolina, alimony may be terminated by the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either of the spouses. Alimony in this state is terminable and modifiable, based on circumstances that may change in the future.

 

The type and amount of alimony awarded depends on a variety of factors.  South Carolina state law recommends that courts consider the following factors when it comes to awarding alimony:

 

  • Duration of the marriage together with the ages of the spouses at the time of marriage and at the time of divorce
  • Physical and emotional condition of each spouse
  • Educational background of each spouse together with the need of each spouse for additional training or education in order to achieve that spouse's income potential
  • Employment history and earning potential of each spouse
  • Standard of living established during the marriage
  • Current and reasonably anticipated earnings of both spouses
  • Current and reasonably anticipated expenses and needs of both spouses
  • Marital and nonmarital properties of each spouse
  • Custody of the children
  • Marital misconduct or fault of either spouse
  • Tax consequences of support award
  • Existence and extent of support obligation from a prior marriage

 

In the United States, alimony is treated differently tax wise from child support payments. In South Carolina, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. For a summary of South Carolina divorce law, go to divorcesource.com.